Tribunals and CommissionsSingle Bench(2021) 04 TDSAT CK 0009

Sreedevi Digital System Pvt Ltd vs Jallepalli Kurmanayakulu And Sons And Anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 13 April 2021

HON’BLE JUDGES
Brijesh Kumar, Registrar
CASE NUMBER
Broadcasting Petition 719 Of 2020

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Judgment

11 paragraphs · 194 words

Pleadings are complete. After hearing the Ld. Counsel for the Petitioner, Respondent No. 1 and Respondent No. 2, the following issues are

framed in agreement of all the sides.

(1)Whether the parties have validly entered into an agreement and the instant petition is maintainable in its present form?

(2)Whether the respondents have acted in contravention of TRAI Interconnect Regulations 2017 and Quality of Service Regulations 2017?

(3)Whether R-1 is liable to return 25028 STBs or, in the alternate, to compensate the petitioner equal to the cost of such STBs, as supplied by the

petitioner in terms of agreement executed between the parties or otherwise the STBs were purchased by R-1 itself?

(4)Whether R-1 is liable to pay an amount of Rs. 1,06,39,680/- towards outstanding subscription fee?

(5)Whether R-1 has indulged in illegal migration of STBs to the network of R-2 or there is no cause of action against R-2?

(6)To what relief(s), the petitioner is entitled for?

As prayed for, let evidence affidavit be filed by the petitioner in four weeks. R-1 and R-2 may file their evidence affidavit in four weeks

thereafter.   List the matter on 19th May, 2021 for directions.Â